Local immigration attorneys fear impact

Foresee hardship for families, doubt more efficient service.

Foresee hardship for families, doubt more efficient service.

June 06, 2007|By JOSEPH DITS Tribune Staff Writer

SOUTH BEND -- "It's going to be harder to keep families together," immigration attorney Lee O'Connor says, speaking of the dramatic rise in federal immigration fees. The fees go up July 30. Most notable is the application for a green card, rising from $395 to $1,010. That will create a real burden for immigrants and for the U.S. citizens -- such as spouses or employers -- who are trying to help them, according to O'Connor and two other local immigration attorneys. The attorneys doubt the pledge from the U.S. Citizenship and Immigration Services that the boosted fees will improve efficiency and customer service. On its Web site, the agency said it expects the extra revenue to cut the time to process applications by about 20 percent by the end of fiscal year 2009. Such promises fall flat for O'Connor, who works for the nonprofit Indiana Legal Services. He says that, over the course of several presidents' administrations, officials have made similar promises every time they've boosted the fees, and he's yet to see the improvement. For example, financially strapped clients can seek a waiver of fees in some cases, but he usually discourages that because it's so burdensome and there doesn't seem to be a consistent procedure. Immigration attorney Michael Durham of South Bend agrees, noting that the result can vary depending on which immigration officer hears the case. Immigration services in the United States have "one of the worst reputations for efficiency and customer service," Durham says. The difference this time, according to Citizenship and Immigration Services, is that it's asking for enough to cover both the rise of costs and its investment in added resources to improve service. O'Connor and attorney Rodolfo Monterrosa have been encouraging their clients to file early ever since the beginning of the year, when the federal government proposed the fee hikes. Monterrosa filed a flurry of cases by April, worrying that the new fees would go into effect right after the public comment period. Now business is more steady, and, based on previous experience, they expect a rash of clients just weeks before the July 30 fee change. Monterrosa doesn't believe the higher fees will discourage people from seeking legal status. It will just force them to make even more sacrifices or to avoid the cost of attorneys, seeking nonprofit help instead. "I think it is too important," he says. "Your life is way too difficult if you are here illegally." But Durham feels the higher fees could discourage some. It might discourage some small employers from filing a petition to help an employee get a temporary work permit, he says. The base fee will rise from $190 to $320, he says. For some employers, like large companies, there also currently are additional fees that can reach $2,000, which won't change, Durham says. And the fee for an employer who wants to keep such workers even longer will rise from $195 to $475, he says. The higher fees could affect foreign students who graduate from college and want to stick around to work as their student visas and grace periods expire, he says. Durham, most of whose clients are Canadians, notes that local colleges draw lots of foreign students. Often they fall in love with and marry U.S. citizens, who then assume part of the financial burden for legal status. Staff writer Joseph Dits: jdits@sbtinfo.com (574) 235-6158